EPPO College finds European Prosecutor guilty of serious misconduct

The College of the European Public Prosecutor’s Office (EPPO) has found the European Prosecutor from Bulgaria Teodora Georgieva guilty of serious misconduct and deferred its decision on the appropriate sanction, opening the door to a potential dismissal by the Court of Justice of the European Union.

In a statement EPPO said that the finding follows an opinion delivered by its Disciplinary Board, composed of high-ranking officials or former officials of the European institutions. The College concluded that serious breaches had been established.

Given the gravity of the misconduct and the high level of responsibility attached to the function of European Prosecutor, the College decided to postpone its decision on sanctions. It stated that dismissal cannot be excluded as a possible outcome.

The European Chief Prosecutor informed the European Parliament, the Council of the European Union and the European Commission of both the College’s decision and the Disciplinary Board’s opinion in the disciplinary procedure.

Under the EPPO Regulation, only the Court of Justice of the European Union may dismiss a European Prosecutor for serious misconduct, and only at the request of the European Parliament, the Council or the Commission. For that reason, before deciding whether to impose a lesser sanction, the EPPO must allow those institutions to determine whether they consider it appropriate to request dismissal.

Georgieva remains suspended until a final decision is delivered by the competent institutions. Remuneration has been withheld. The EPPO refused any further information.

Unprecedented disciplinary proceedings

The case marks the first time since the establishment of the EPPO that disciplinary proceedings have been launched against a serving European Prosecutor.

Last September the College had earlier initiated disciplinary action against Georgieva and imposed a temporary suspension, citing the need to avoid any risk or perception of compromised integrity in ongoing investigations. At the time, EPPO described suspension as “the strictest available measure” to safeguard its work.

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In a previous statement, the EPPO stressed that independence “beyond doubt” is an essential requirement both for the appointment of European Prosecutors and for the performance of their duties. European Prosecutors are appointed by the EU Council.

Background of allegations

The suspension followed public allegations made by the prosecutor concerning political and business interference in an investigation related to drilling works for the expansion of the Chiren gas storage facility, a strategically important energy site in the Balkans.

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The prosecutor had claimed to feel threatened by Bulgarian businessman and politician Delyan Peevski in connection with that investigation. Peevski, who has been sanctioned for corruption by the United States and the United Kingdom, rejected the accusations and announced he would file a complaint for false accusation.

The Sofia City Prosecutor’s Office subsequently ordered an investigation into the European Prosecutor over alleged links with informal judicial lobbyist Petyo Petrov, known as “Petyo the Euro”, who is suspected of connections to Peevski. A video was leaked, apparently filmed in Petrov’s informal office at the former Eight Dwarfs restaurant, in which he is seen telling a woman, whose face is not visible, that she would be appointed European Prosecutor.

In October 2023, several media outlets received an anonymous tip, purportedly from Petrov, alleging that monthly payments of 10,000 leva had been made to the prosecutor in order to manipulate specific cases. Petrov’s whereabouts are currently unknown.

The EPPO has so far provided no information on the status of the investigation into the Chiren drilling project.

The disciplinary finding now shifts the focus to the EU institutions and, potentially, to the Court of Justice, which alone has the authority to decide on dismissal. Until a final decision is taken, Georgieva remains suspended, in a case that represents the most serious internal disciplinary challenge faced by the EPPO since its creation.

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Caption: First meeting of the College of the European Public Prosecutor’s Office (EPPO). The Bulgarian European Prosecutor Teodora Georgieva is seated at position No. 18./EPPO